California law requires employers to carry workers' compensation insurance. Workers' compensation provides injured workers with medical care, disability benefits, vocational retraining, and death benefits; covered employees generally cannot sue their employer for job-related injuries. Here are some of the workers' compensation resources available at the Sacramento County Public Law Library.
You can find additional materials on workers' compensation by browsing the library shelves near the listed books or by searching the library catalog.
SELF HELP
These are "plain English" explanations of the law, with basic procedures clearly described and many good examples.
Information for employees:
California Workers' Comp: How to Take Charge When You're Injured on the Job. KFC 592 .Z9B35
This Nolo Press self-help guide is intended to help workers pursue their own claims or assist their attorneys. It includes in-depth instructions, charts, and discussions of key cases (unusually detailed for a self-help book). [Includes FORMS]
Workers' Compensation in California: A Guidebook for Injured Workers / Compensación del trabajador de California: una guía para los trabajadores lesionados. KFC 592 .W67 (in English and Spanish)
This guidebook and related fact sheets and samples explain the workers' comp system and steps injured workers should take. [Includes FORMS]
Electronic access via the Internet:
Guidebooks:
English: http://www.dir.ca.gov/CHSWC/Reports/WorkersCompGuidebook-3rdEd.pdf
Spanish: http://www.dir.ca.gov/Chswc/Reports/GuidebookSpanishforInjuredWorkers2006.pdf
"Fact Sheets and Guides for Injured Workers:" http://www.dir.ca.gov/dwc/iwguides.html
Your Rights in the Workplace. KF 3455. Z9 R47
This Nolo Press book discusses several employment topics. Chapter 12 discusses workers' compensation; other chapters cover issues such as wages and hours, privacy, discrimination, unemployment, and more. Not California-specific.
Information for employers:
The California Employer. KFC 556 .A39L58
Chapter 3 covers workers' compensation in some depth from the employer's perspective. This book is updated annually and includes a CD-ROM.
The Employer's Legal Handbook. KF 3455 .Z9S74
Chapter 7 on "Health and Safety" includes a section on workers' compensation laws. Not California-specific.
LEGAL ENCYCLOPEDIAS and LAW SUMMARIES
These provide extensive background and discussion of California's workers' compensation law, including references to applicable statutes and cases. Attorneys and people representing themselves may find these resources useful.
California Jurisprudence (CalJur 3d). KFC 80 .C35
Vol. 65 & 65A, Work Injury Compensation.
Electronic access: On the law library computers, using WESTLAW.
Witkin Summary of California Law. KFC 80 .W57
Vol. 2, Workers' Compensation.
Electronic access: On the law library computers, using WESTLAW.
IN DEPTH RESEARCH
These books are written for the practicing attorney. They often contain practical information about forms and procedures. Refer to these materials when the self-help books do not address your specific issues or concerns. Guides available at the law library include:
St. Clair's California Workers' Compensation Law and Practice. KFC 592 .B78
Considered a leading authority and frequently cited in cases, this two-volume work presents in-depth information and analysis. [Includes FORMS]
Hanna's California Law of Employee Injuries and Worker's Compensation.
KFC 592 .H33
Another major authority in workers' compensation, covering the substantive law in topical chapters.
California Workers' Compensation Practice. KFC 592 .S94
This CEB (Continuing Education of the Bar) practice guide provides comprehensive coverage and a good discussion of the appeals and rating processes. [Includes FORMS]
Electronic access: On the law library computers, using the OnLAW database.
The Lawyer's Guide to the AMA Guides and California Worker's Compensation. KFC 592 .L39
Permanent disability is rated using the "objective" criteria used by the American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides). This book aims to familiarize the workers' comp community with the use of these guides.
FORMS
Division of Workers' Compensation web site. http://www.dir.ca.gov/dwc/forms.html
Official forms are listed by subject; most can be filled out online then printed. Guides for filling out many of the forms are available at http://www.dir.ca.gov/dwc/iwguides.html (English) and http://www.dir.ca.gov/dwc/iwguides_Spanish.html (Spanish).
U.S. Court Forms web site. www.uscourtforms.com
Hundreds of California workers' comp forms are available on this web site, which can be searched by keyword. At the law library, the forms can be filled out before printing; the site can be used elsewhere, too, but the forms cannot be filled out before printing.
DECISIONS, STATUTES, AND REGULATIONS
General reference:
California Workers' Compensation Claims and Benefits. KFC 592 .O27
This in-depth reference discusses cases, statutes and regulations arranged by topic; good for finding legal precedent on the particular issues in your case.
Decisions:
Workers' comp cases are heard by either a judge or a referee at the Workers' Compensation Appeals Board (WCAB). The three-step appeals process begins with a Petition for Reconsideration to the WCAB in San Francisco. A WCAB panel decision is appealed to the California Court of Appeal via "writ of review;" the court grants or (more commonly) denies review. Finally, the Court of Appeal's decision may be appealed to the California Supreme Court.
Court of Appeal and Supreme Court opinions are published in the standard California reporters. The Dept. of Industrial Relations, Division of Workers' Compensation web site offers reports of decisions and petitions (http://www.dir.ca.gov/wcab/wcab_dars.htm). In addition, two specialized reporters collect workers' comp decisions:
California Compensation Cases (CCC). KFC 592 .C3
This annual reporter (with monthly supplements) provides "en banc and significant panel decisions" of the WCAB, relevant court opinions, and a digest of WCAB decisions denied judicial review. The annual volumes include a cumulative subject index to aid researchers. The library collects Vol. 1 (1936) to present.
California Worker's Compensation Reporter (CWCR). KFC 592 .C2
This monthly bulletin reports "key developments in workers' compensation law," including decisions. Some content overlaps with California Compensation Cases. The library collects Vol. 1 (1973) to present.
Statutes, Regulations, Manuals, Schedules:
The Workers' Compensation Laws of California. KFC 592 .A3
This single-volume compilation includes applicable Labor Code sections, plus other relevant California statutes, California Code of Regulations sections, and United States code sections, and includes a detailed index. The law library also has both Deering's Cal. Codes Annotated andWest's Annotated Cal. Codes, as well as Barclays Official California Code of Regulations.
Workers' Compensation Appeals Board Policy and Procedural Manual, available on the Web at http://tinyurl.com/2f56nz.
Schedule for rating permanent disabilities under provisions of the Labor code of the state of California. KFC 592 .A8
The current version is available in the law library in paper; current and prior versions are available on the Department of Industrial Relations web site.
http://www.dir.ca.gov/dwc/PDR.pdf (2005)
http://www.dir.ca.gov/dwc/PDR1997.pdf (1997)
http://www.dir.ca.gov/dwc/PDRSpre1997.pdf (1988)
Official California workers' compensation medical fee schedule. California Code of Regulations, Title 8, Section 9879.10 et seq. KFC 35 .A23
The Official Medical Fee Schedule (OMFS) is used for payment of medical services required to treat work related injuries and illnesses. It is included in Title 8 of the CCR (Barclays California Code of Regulations).
WEB SITES
California:
The Department of Industrial Relations, Division of Workers' Compensation web site (http://www.dir.ca.gov/dwc/dwc_home_page.htm) has a wealth of information for injured workers, employers, and medical providers as well as attorneys and claims adjusters. Some of the publications available on the web site are:
Federal:
Federal employees are covered by the Federal Employees' Compensation Act (5 USC §§ 8101-8193). The Office of Workers' Compensation Programs (U.S. Department of Labor, Employment Standards Administration) provides information, forms, and links to laws, regulations, and the decisions of the Employees' Compensation Appeals Board (ECAB) at http://www.dol.gov/ecab/welcome.html.
COMMUNITY RESOURCES
DWC Information and Assistance Unit 916-928-3158 (recorded info line: 800-736-7401)
Injured workers can contact the Information & Assistance (I&A) Unit of their local Division of Workers' Compensation office. In Sacramento, this office is at 160 Promenade Circle, Suite 300, Sacramento, CA 95834 . In addition, injured workers can attend a monthly workshop to learn about their rights and workers' comp procedures.
VLSP Employment Law Clinic 551-2102
517 12th Street
Sacramento, CA 95814
http://www.vlsp.org/employmentlaw.asp
By appointment only; call for hours.
Services provided: Weekly clinics on workers' compensation claims as well as denial of unemployment benefits, unpaid wage disputes, discrimination or harassment, and other issues.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
updated 5/11 kf